NOTICE OF WORK SESSION AND REGULAR MEETING OF THE TOWN COUNCIL TUESDAY, MAY 23, 2017 – 6:00 pm Notice is hereby given as required by Title 5, Chapter 551.041 of the Government Code that the Argyle Town Council will meet in a work session and regular meeting May 23, 2017 at 6:00 pm at the Argyle Town Hall, 308 Denton Street, Argyle, Texas. The items listed below are placed on the agenda for discussion and/or action. WORK SESSION AGENDA – 6:00 PM A. CALL WORK SESSION TO ORDER B. WORK SESSION The pre‐meeting work session is designed as an opportunity for the Town Council to discuss pending items. No action will be taken during the work session portion of the meeting. 1. Discussion regarding Section 14.3.46 OT‐1 – Old Town 1 district of the Town of Argyle Town Development Standards, regarding parking regulations. 2. Update and discussion regarding Article V ‐ Tree Preservation of the Town of Argyle Town Development Standards regarding tree preservation regulations. 3. Discussion regarding any regular session items. REGULAR SESSION AGENDA – 7:00 PM (or immediately following the 6:00 pm work session) C. CALL REGULAR SESSION TO ORDER D. INVOCATION E. PLEDGE OF ALLEGIANCE American Flag Texas Flag: “Honor the Texas Flag; I pledge allegiance to thee Texas, one state under God, one and indivisible” F. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS 1. Council Recognition of Students and Citizens 2. Town Council and Staff Presentations / Reports a. Development Updates Town Council Meeting May 23, 2017 Page 1 of 3 May 23, 2017 Packet Page 1 of 111 G. OPEN FORUM: The opportunity for citizens to address the Town Council on any non‐agenda item (limit 5 minutes per person); however, the Texas Open Meetings Act prohibits the Town Council from discussing issues which the public has not been given seventy‐ two (72) hour notice. Issues raised may be referred to Town Staff for research and possible future action. H. CONSENT AGENDA: Any Council Member may request an item on the Consent Agenda to be taken up for individual consideration 1. Consider approval of the April 25, 2017 Council meeting minutes. 2. Consider approval of a resolution appointing the Presiding Municipal Court Judge and Alternate Municipal Court Judge(s) and authorize the Town Manager to negotiate a contract for professional services. I. NEW BUSINESS & PUBLIC HEARINGS: 1. Discuss and consider a resolution appointing the Mayor Pro Tem. 2. PUBLIC HEARING: Consider and take appropriate action on an ordinance amendment (ORD‐17‐004) to Section 14.3.48 of the Town of Argyle Town Development Standards, regarding changes to the permitted use chart, to allow “Offices (Professional)” as a permitted use in the Community Facilities District. J. OLD BUSINESS: None K. CONVENE INTO EXECUTIVE SESSION: None L. RECEIVE REQUESTS FROM COUNCIL MEMBERS/STAFF FOR ITEMS TO BE PLACED ON NEXT MEETING AGENDA (discussion under this item must be limited to whether or not the Council wishes to include a potential agenda item on a future agenda) M. ADJOURN REGULAR MEETING CERTIFICATION I hereby certify that the above notice was posted in the bulletin board at Argyle Town Hall, 308 Denton Street, Argyle, Texas, by 5:00 pm on the 19th day of May, 2017. ________________________________________________ Kristi Gilbert, Town Secretary Town Council Meeting May 23, 2017 Page 2 of 3 May 23, 2017 Packet Page 2 of 111 NOTE: If, during the course of the meeting, any discussion of any item on the agenda should be held in a closed meeting, the Town Council will conduct a closed meeting in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, Subchapters D and E. The Town Council of the Town of Argyle reserves the right to meet in closed session on any of the items listed above should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551 of the Texas Government Code. Persons with disabilities who plan to attend this public meeting and who may need auxiliary aid or services are requested to contact the Argyle Town Hall 48 hours in advance, at 940‐464‐7273, and reasonable accommodations will be made for assistance. Town Council Meeting May 23, 2017 Page 3 of 3 May 23, 2017 Packet Page 3 of 111 Item B. 1. TOWN COUNCIL DATA SHEET Work Session Item: Discussion regarding Section 14.3.46 OT‐1 – Old Town 1 district of the Town of Argyle Town Development Standards, regarding parking regulations. Requested by: Councilmember Kay Teer Prepared by: Matt Jones, Community Development Director Background: Councilmember Teer requested to explore alternative parking in the OT‐1 district other than onsite parking. There are currently allowances for shared offsite parking in the OT‐1 district; the alternative offsite parking design regulations currently for the OT‐1 district are as follows: F. Parking Regulations: 1. Off‐Site Parking Exception Allowed ‐ For any use that cannot provide the minimum number of required off‐street parking spaces due to the size or location of the lot, the minimum parking spaces required may be provided on other property located no further than two hundred (200) feet from the site and within the same zoning district provided that the minimum off‐street parking requirements for any other use are not violated. A signed, notarized letter of agreement bearing the signatures of the owner of the proposed use and the owner of the existing use must be submitted with an application for a site plan. 2. Special Exception to Reduce Parking Spaces ‐ The Town may grant a special exception to reduce the required number of parking spaces. In no case shall the required parking be reduced in excess of twenty‐five (25) percent of the required spaces, as set forth herein. Staff will explore additional options in addition to the current allowances for shared parking as seen necessary by the Town Council. Staff Recommendation: N/A Requested Action: Provide appropriate feedback to staff regarding any possible amendments. Attachments: N/A May 23, 2017 Packet Page 4 of 111 Item B. 2. TOWN COUNCIL DATA SHEET Work Session Item: Update and discussion regarding Article V ‐ Tree Preservation of the Town of Argyle Town Development Standards regarding tree preservation regulations. Requested by: Mayor Pro Tem Hasty Councilmember Eric Lamon Prepared by: Matt Jones, Director of Community Development Background: On February 28, 2017, a request was made of Town Staff to bring forward a discussion item regarding the tree preservation regulations in the Town Development Standards (TDS). The language in Article V – Tree Preservation provides certain criteria for the removal and/or preservation of trees within the Town of Argyle. Town Council discussed the regulations at their March 28, 2017 regularly scheduled meeting. The Town Council appointed a committee to review the tree preservation regulations at their April 25, 2017 meeting. On May 8, 2017 the committee met with Matt Grubisich from the Texas Tree Foundation to discuss changes to the existing regulations as well as best practices in urban forestry. Staff Recommendation: N/A Requested Action: Provide appropriate direction to Town Staff regarding any proposed amendments. Attachments: Article V – Tree Preservation Comparison City Tree Preservation Ordinances Draft – Article V – Tree Preservation Amendments Texas Big Tree Registry Draft ‐ SECTION 14.2.19 Major Subdivision Final Plats May 23, 2017 Packet Page 5 of 111 Item B. 2. ARTICLE V TREE PRESERVATION SECTION 14.5.1. Purpose and Intent The purpose of this Article is to encourage the preservation of mature trees and natural areas, to preserve protected trees during construction, and to provide for the removal of protected trees when necessary. It is the intention of the Town of Argyle to: 1. Prohibit the indiscriminate clearing of property; 2. Protect and increase the value of residential and commercial properties within the town; 3. Maintain and enhance a positive image for the attraction of new businesses and residents to the town; 4. Protect healthy mature trees and promote the natural ecological, environmental and aesthetic qualities of the town; 5. Preserve the rural forested character of the town; and 6. That trees be protected as part of the subdivision and the platting process. SECTION 14.5.2 Extraterritorial Jurisdiction It is the intent of the Town Council of the Town of Argyle that this ordinance apply in all areas within the Town and in the extraterritorial jurisdiction of the Town of Argyle. SECTION 14.5.3 Tree Preservation Board The Planning and Zoning Commission is hereby designated as the Tree Board. SECTION 14.5.4. Applicability A. Protected trees. 1. A person must not, directly or indirectly, cut down, destroy, move or remove, or effectively destroy through damaging, any protected tree situated on property regulated by this Article without first obtaining a tree removal permit unless otherwise specified in this article. 2. A protected tree is a tree that has a trunk caliper of six (6) inches or more, as measured at 4.5 feet above natural grade level, and is one of the species listed in Appendix “A” [Section 14.5.50]. May 23, 2017 Packet Page 6 of 111 Item B. 2. 3. Properties requiring a tree removal permit. All public or private properties, including rights-of-way, public easements, franchises, public or private utility easements, and oil and gas pipeline easements shall be subject to a tree removal permit. B. Exceptions. 1. Residential properties - A residence used as an owner-occupied homestead shall be exempt from the tree protection and replacement requirements of this chapter as it pertains to that residential property. However, this exemption does not apply to undeveloped single-family property or to existing residential properties zoned for nonresidential uses or designated for nonresidential uses on the Land Use Plan.